RONKYSINGH BAHADURSING RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE family property dispute resulted into the death of Mangalsingh. The appellants No. 1 to 3, the nephews were charged for the same offence punishable under Section 302 r/w section 34 of Indian Penal Code, the Additional Sessions Judge, Kalyan, by the impugned judgment dated 30/8/2000 convicted all the appellans-accused and sentenced to suffer imprisonment for life and to pay fine of Rs. 20,000/- each and in default of payment of fine they should suffer rigorous imprisonment for three years. It is also ordered that out of the total amount of the fine, Rs. 50,000 be paid to Smt. Satwantkaur, the wioow of deceased Mangalsingh rathod by way of campensation. Therefore, this appeal against the order of conviction,

(2.) THE complainant P. W. 8, Babisingh Rathod has three brothers. Bahadursingh. deceased Mangalsingh and balvantsingh. They resides in the same loacaiity. Babisingh resides in the adjoining flat. Mangalsingh, "the deceased" was residing in the adjoining -flat. Bahadursingh, with has six sons resides behind Mangal kirana Stores, Shivaji Chowk, Ulahsnagar, District thane. The appellants 1 to 3, are the three sons of bahadursingh, reside with him. All these family members are dealing in the business of plumbing and building material.

(3.) ON 1/6/1996 at about 9. 30 p. m. the deceased mangalsingh received a telephonic information from the sister, Mrs. Moni Kaur from Ajmer, Rathasthan, that ramsingh the son-in-law of Bahadursingh, constructing a house on the land jointly owned by Mangalsingh, bahadursing and Babysingh. Balvantsingh also conveyed the same message to the complainant, Babysingh. The deceased, after receipt of the aforesaid information, went to the house of Bahadursingh at about 9 to 9. 30 p. m. As per the complainant, the incident occurred between 9. 15 to 10. 15 on 1. 6. 1998. The quarrel between mangalsingh and Bahadursingh sparked. They were quarrelling and scuffling. The deceased touched and put his hand over the turban of Bahadursing. The accused no. 1 Ronkysingh went inside nis house and returned with sura (knife), the accused No. 2 Raising and accused No. 3 yashpalsing caught hold of Mangalsingh. Accused No. l thereafter, assaulted Mangalsingh with the said Sura and inflicted injuries over stomach and chest. Mangalsingh managed to run away from the house from that place towards his motor-bike, parked at Mangal Kirana Stores, the accused Nos. 1 to 3 chased Mangalsingh. Accused, again in a lane stabbed Mangalsingh on his back. Accused No. 2 and 3 caught hold Mangalsingh and accused no. l, again, stabbed again, mangalsingh over his stomach. Mangalsingh collapsed and accused ran towards the direction of Sambhaji Chowk. At about 10. 15 p. m. Master Bipiyasingh, aged 16 years son of Bahadursingh informed to Babysingh that Mangalsingh met with an accident and has taken to the Government Hospital. The complainant therefore, sent Balvantsingh and his maternal nephew Master Kisansingh to the said Government hospital. They in turn informed to the complainant on the phone that Mangalsingh succumbed to the stabbed injuries. The complainant therefore, went to the hospital and saw the dead body of Mangaisingh with multiple injuries. The complainant therefore went to the house of Bahadursingh. The complainant also noticed blood marks from the main road to the house of bahadursingh. The accused No. l to 3 were not noticed by the complainant at the house, The complainant suspected that the appellant Nos. 1 to 3 killed Mangalsingh, as they were not found in the house.